Fraud On The Court

692 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• Kidder v. Barney Allyn Hess
  481 So. 2d 984· Fla. 5th DCA· 1986-01-23 ·cited 10×
  The court held that the trial court erred in denying the father's motion for relief from judgment without a hearing, as his letter should have been treated as an appearance and the allegations of fraud warranted an evidentiary hearing.
• Donna deClaire Yohanan v. George F. deCLAIRE
  421 So. 2d 551· Fla. 4th DCA· 1982-09-15 ·cited 10×
  In a dissolution of marriage case, the Fourth District Court of Appeal reversed the trial court's denial of a petition to set aside the final judgment for fraud on the court, holding that a fraudulent financial affidavit filed pursuant to Florida Rule of Civil Procedure 1.611 con
• Valerio v. Boise Cascade Corp.
  645 F.2d 699· 9th Cir.· 1981-05-18 ·cited 10×
  The court held that the district court properly granted summary judgment for the defendants, affirming the class action settlement.
• Luttrell v. United States
  644 F.2d 1274· 9th Cir.· 1980-12-04 ·cited 10×
  The court held that the district court correctly dismissed the action because the appellant failed to establish subject-matter jurisdiction and did not allege facts rising to the level of 'fraud upon the court' required for an independent action to set aside a prior judgment.
• Sterling Drug, Inc. v. Wright
  307 So. 2d 494· Fla. 2d DCA· 1975-01-29 ·cited 10×
  Sterling Drug appeals the trial court's order reinstating a default judgment that had been previously vacated. The court held that it retained jurisdiction to reinstate the interlocutory order of vacation because Rule 1.540(b) applies only to final judgments, and courts maintain
• Jackson v. Jackson
  276 F.2d 501· D.C. Cir.· 1960-03-10 ·cited 10×
  The court held that the trial court did not err in correcting its prior judgment to reflect its original intent regarding child support payments and in vacating an order for arrearages based on that corrected judgment.
• United States v. de Lucia
  256 F.2d 487· 7th Cir.· 1958-06-18 ·cited 10×
  The court held that the use of an assumed name and concealment of material facts, including prior criminal convictions, vitiates a certificate of citizenship and is grounds for denaturalization.
• Hoffman v. Etta Hoffman
  92 So. 2d 524· Fla.· 1957-02-06 ·cited 10×
  The Florida Supreme Court reversed a lower court's order vacating a divorce decree, holding that a solemn divorce decree can only be attacked through formal proceedings, not through ex parte applications or sua sponte orders by the court.
• Dausuel v. Dausuel
  195 F.2d 774· D.C. Cir.· 1952-03-13 ·cited 10×
  The court held that the exclusion of evidence regarding the wife's alleged adultery and earnings was an error, as this evidence was relevant to her credibility and the alimony award.
• Jimenez v. Ortega
  179 So. 3d 483· Fla. 5th DCA· 2015-11-20 ·cited 9×
  Appellant Jimenez appealed a negligence judgment in favor of Ortega, arguing the trial court should have dismissed Ortega's claims as a sanction for fraud upon the court. The appellate court agreed in part, reversing the awards for lost wages and pain and suffering due to Ortega'
• Trans Health Mgmt. Inc. v. Nunziata
  159 So. 3d 850· Fla. 2d DCA· 2014-12-19 ·cited 9×
  In consolidated appeals arising from a nursing home resident's death, the court dismissed the final judgment appeal by Trans Health Management Inc. (THMI) because THMI, as an administratively dissolved corporation, was statutorily barred from prosecuting the appeal under Florida
• Nafh Nat'l Bank v. Aristizabal
  117 So. 3d 900· Fla. 4th DCA· 2013-07-24 ·cited 9×
  NAFH National Bank appealed from an order vacating a final foreclosure judgment. The trial court lacked jurisdiction to grant the motion to vacate because it was filed more than one year after the final judgment, violating Florida Rule of Civil Procedure 1.540(b)'s one-year time
• Bert v. Bermudez
  95 So. 3d 274· Fla. 3d DCA· 2012-06-20 ·cited 9×
  The defendants and their law firm sought disqualification of the trial judge, alleging bias based on his conduct at a March 19, 2012 hearing. The appellate court denied the petition, finding that the judge exercised appropriate courtroom control in response to unprofessional and
• Mara Villasenor v. Martinez
  991 So. 2d 433· Fla. 5th DCA· 2008-09-26 ·cited 9×
  Mara Villasenor appealed the dismissal of her personal injury suit with prejudice based on allegations that she committed fraud on the court. The Fifth District Court of Appeal reversed, holding that the trial court erred by dismissing the case without conducting an evidentiary h
• Greenwich Ass'n, Inc. v. Greenwich Apts., Inc.
  979 So. 2d 1116· Fla. 3d DCA· 2008-04-09 ·cited 9×
  Greenwich Association, Inc. appealed the dismissal of its lawsuit seeking reformation or cancellation of a 2001 settlement agreement that had been incorporated into a final court judgment. The court affirmed the dismissal, holding that the 2001 judgment was voidable (not void) an
• Hutchinson v. Plantation BAY Apts., LLC
  931 So. 2d 957· Fla. 1st DCA· 2006-05-15 ·cited 9×
  Appellants John and Kathryn Hutchinson appealed the dismissal of their premises liability case against Plantation Bay Apartments with prejudice. The trial court dismissed the case based on fraud on the court, finding that appellants intentionally concealed material facts about Mr
• Rickard v. McKESSON
  774 So. 2d 838· Fla. 4th DCA· 2000-12-27 ·cited 9×
  Sylvia Rickard challenged the adoption of Gordon McKesson by Donald Blackwell, arguing it was a fraudulent scheme to deprive her of her inheritance under a family trust. The court held that Rickard, as a contingent beneficiary of the trust, had standing to collaterally attack the
• Champion v. McDANIEL
  740 So. 2d 17· Fla. 1st DCA· 1999-03-26 ·cited 9×
  In this family law appeal, the Florida First District Court of Appeal reversed a trial court's decision setting aside a marital settlement agreement, holding that the former husband failed to timely challenge the agreement under Florida Rules of Civil Procedure and failed to prov
• Dorothea Whitman v. Whitman
  532 So. 2d 82· Fla. 3d DCA· 1988-10-18 ·cited 9×
  Dorothea Whitman sought relief from a 1979 property settlement agreement, alleging her former husband fraudulently induced her to forgo independent legal counsel by misrepresenting that a 'neutral arbitrator' would resolve their dispute, when the arbitrator was actually represent
• Fagan v. Powell
  237 So. 2d 579· Fla. 3d DCA· 1970-07-14 ·cited 9×
  A physician appeals the vacation of a judgment in his favor in a medical malpractice case, arguing the trial court erred by denying his request for a jury trial on the motion to vacate and by finding his conduct constituted fraud on the court. The appellate court affirmed the vac
• Ruppert v. Ruppert
  D.D.C.· 1942-12-15 ·cited 9×
  The court held that the doctrines of laches and estoppel are applicable to the facts presented, suggesting the marriage may be valid despite an invalid divorce.
• Deutsche Bank Nat'l Tr. Co. v. Avila-Gonzalez
  164 So. 3d 90· Fla. 3d DCA· 2015-05-06 ·cited 8×
  Deutsche Bank appealed a trial court order that dismissed its foreclosure action with prejudice and canceled the underlying mortgage and note as sanctions for the Bank's repeated false claims that the promissory note was lost when its servicer actually possessed it throughout the
• GEICO Gen. Ins. Co. v. Edelmida and Paulino Rodriguez
  155 So. 3d 1163· Fla. 3d DCA· 2014-09-10 ·cited 8×
  Geico appeals a summary judgment requiring it to pay sanctions imposed against its insured during litigation. The court affirms, holding that the sanctions judgment constitutes a "court cost" covered under Geico's liability policy and that Geico's attempt to void coverage based o
• Faddis v. The City OF Homestead
  121 So. 3d 1134· Fla. 3d DCA· 2013-09-04 ·cited 8×
  The trial court did not abuse its discretion by striking the plaintiff's pleadings and entering a final judgment for the defendants.
• Herman v. Intracoastal Cardiology Ctr.
  121 So. 3d 583· Fla. 4th DCA· 2013-08-07 ·cited 8×
  Edward Herman appealed the dismissal of his wrongful death medical malpractice lawsuit on grounds of fraud upon the court. The trial court found that Herman committed fraud by providing false testimony about his deceased wife's pre-surgery condition and by concealing a personal d
• Williams v. Miami-Dade Cnty. Pub. Health Tr.
  17 So. 3d 859· Fla. 3d DCA· 2009-09-02 ·cited 8×
  Mary Williams appealed a trial court's dismissal of her medical malpractice complaint based on fraud upon the court. The appellate court affirmed the dismissal, finding that Williams intentionally failed to disclose material information during discovery in a scheme designed to in
• BNP Paribas v. Wynne
  967 So. 2d 1065· Fla. 4th DCA· 2007-11-07 ·cited 8×
  BNP Paribas sought review of an order compelling its vice president to answer questions allegedly protected by attorney-client privilege in a garnishment dispute. The trial court invoked the crime-fraud exception to abrogate the privilege without conducting a proper evidentiary h
• Captain Papadopoulos v. Cruise Ventures Three Corp.
  974 So. 2d 418· Fla. 3d DCA· 2007-09-19 ·cited 8×
  Captain Papadopoulos, a seaman, appealed the dismissal of his negligence action arising from injuries allegedly sustained during a severe storm at sea. The trial court dismissed the case based on fraud on the court due to Papadopoulos' material misrepresentations and omissions du
• Myrick v. Direct Gen. Ins. Co.
  932 So. 2d 392· Fla. 2d DCA· 2006-03-31 ·cited 8×
  The court held that the trial court abused its discretion by dismissing the complaint with prejudice for fraud on the court without clear and convincing evidence of an unconscionable scheme.
• Cicoria v. Gazi
  901 So. 2d 282· Fla. 5th DCA· 2005-04-29 ·cited 8×
  Purchasers of foreclosed property appeal the trial court's order setting aside the foreclosure sale and reinstating the mortgagor's right to redeem. The court reversed, finding that critical factual issues regarding service of process, the mortgagor's execution of a forbearance a
• Canaveras v. The Cont'l Grp., Ltd.
  896 So. 2d 855· Fla. 3d DCA· 2005-02-23 ·cited 8×
  Ivan Cañaveras appealed the dismissal of his personal injury claim against Lubier Jaramillo and Jaramillo's employer, Continental Group, Ltd., after being attacked by Jaramillo at a condominium where Cañaveras worked as a valet. The trial court dismissed the case for fraud upon t
• Analyte Diagnostics, Inc. v. D'Angelo
  792 So. 2d 1271· Fla. 4th DCA· 2001-09-05 ·cited 8×
  Appellants challenged a trial court's denial of their Rule 1.540 motion to vacate a judgment based on alleged fraud on the court. The court reversed, holding that the trial court erroneously applied the law of the case doctrine to bar reconsideration of the fraud allegations, as
• Gostyla v. Gostyla
  708 So. 2d 674· Fla. 2d DCA· 1998-04-08 ·cited 8×
  Laurie Ann Gostyla appealed an order denying her motion to set aside a final judgment of dissolution based on her former husband's alleged fraud. The appellate court reversed, holding that Gostyla adequately alleged intrinsic fraud and was entitled to an evidentiary hearing on th
• THE Florida BAR v. Charnock
  661 So. 2d 1207· Fla.· 1995-10-26 ·cited 8×
  The Florida Supreme Court disciplined attorney William T. Charnock III for creating a sham tenancy arrangement to delay a writ of possession and for testifying untruthfully during the disciplinary proceeding. The Court suspended Charnock for thirty days rather than the ninety day
• Ogden v. State
  658 So. 2d 621· Fla. 3d DCA· 1995-07-19 ·cited 8×
  The court held that the defendant's contentions regarding the bench conference, juror exclusion, admission of hearsay, and prosecutorial misconduct were either not preserved for appeal or did not constitute reversible error.
• DeHAVEN v. State
  618 So. 2d 337· Fla. 2d DCA· 1993-05-14 ·cited 8×
  Robert DeHaven appeals the summary denial of his motion for postconviction relief, raising claims of knowing use of perjured testimony by the state and ineffective assistance of counsel. The court affirms the denial, holding that DeHaven cannot obtain relief based on perjured tes
• THE Florida BAR v. Mitchell
  569 So. 2d 424· Fla.· 1990-09-13 ·cited 8×
  The Florida Bar disciplined attorney Joe M. Mitchell for negligent supervision of a legal secretary who forged documents in criminal defense cases, resulting in fraud upon the court and client neglect. Mitchell was suspended for 15 days despite the secretary's ultimate responsibi
• Alexander v. Robertson
  882 F.2d 421· 9th Cir.· 1989-08-14 ·cited 8×
  The court held that vacating a judgment is an inappropriate sanction for an attorney's unlicensed practice of law when the misconduct did not affect the judgment's merits or the judicial process's integrity, and other remedies are available.
• THE Florida BAR v. Roman
  526 So. 2d 60· Fla.· 1988-06-02 ·cited 8×
  The Florida Bar disciplined attorney Peter T. Roman for forging documents and committing fraud on the court to facilitate theft of estate assets. The Florida Supreme Court rejected the referee's recommended three-year suspension and imposed disbarment instead, finding that Roman'
• In re Fergus Ginther v. O'Connell
  791 F.2d 1151· 5th Cir.· 1986-06-10 ·cited 8×
  The court held that the district court did not abuse its discretion in denying the debtor's motion to set aside a settlement agreement and in imposing sanctions under Rule 11 and 28 U.S.C. § 1927, and further imposed sanctions for a frivolous appeal.
• Bulloch v. United States
  721 F.2d 713· 10th Cir.· 1983-11-23 ·cited 8×
  The court held that the trial court erred in setting aside a prior judgment based on alleged fraud on the court, as the plaintiffs failed to present sufficient evidence of such fraud and had access to all relevant information in the original proceeding.
• Ostene Francois v. Harris
  366 So. 2d 851· Fla. 3d DCA· 1979-01-30 ·cited 8×
  The court held that the trial judge's dismissal of the personal injury action with prejudice was an improper denial of the plaintiff's right to a jury trial.
• Senate Realty Corp. v. Commissioner OF Internal Revenue
  511 F.2d 929· 2d Cir.· 1975-02-20 ·cited 8×
  The court held that an attorney's unauthorized settlement of a tax claim, without more, does not constitute fraud upon the court sufficient to vacate a final judgment.
• Algonac Mfg. Co. (a close Mich. Corporation) & John A. Maxwell v. The United States
  458 F.2d 1373· Ct. Cl.· 1972-05-12 ·cited 8×
  The court held that the plaintiffs' motion for relief from judgment based on fraud was denied because the alleged fraud was not proven, the facts were known to the plaintiffs prior to the judgment, and the motion was filed outside the one-year time limit.
• Iracema Philippina Simons v. United States
  452 F.2d 1110· 2d Cir.· 1971-12-13 ·cited 8×
  The court held that a private party cannot independently attack a naturalization decree, and even if they could, the plaintiff's claim was barred by laches.
• Diehl v. United States
  438 F.2d 705· 5th Cir.· 1971-02-18 ·cited 8×
  The court held that a Texas Probate Court lacked jurisdiction to appoint an executrix or temporary administrator for a non-resident decedent's estate when the only asset was a lawsuit filed in Texas, and that the appointment was void due to fraud on the court.
• Porterfield v. Gerstel
  222 F.2d 137· 5th Cir.· 1955-03-30 ·cited 8×
  The court modified its prior opinion to clarify that either the trustee or the alleged bankrupt should have an opportunity to meet the intervenors' prima facie case. The court also reaffirmed its prior holding that fee orders would be void if the bankruptcy adjudication was set a
• Harvey v. United States
  215 F.2d 330· D.C. Cir.· 1954-07-15 ·cited 8×
  The dissenting judge believes the defendant was denied effective assistance of counsel due to the defense attorney's compromised position.
• In re Long Island Lighting Co.
  197 F.2d 709· 2d Cir.· 1952-06-24 ·cited 8×
  The court held that the petitioners failed to demonstrate fraud upon the court sufficient to warrant setting aside prior orders or reopening proceedings.
• Griffin v. Calderon
  2022 WL 4389727· M.D. Fla.· 2025-04-02 ·cited 7×
  The court denied Plaintiff's motion for sanctions against Defendant Pearson, finding it procedurally improper and premature.